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What is the Brexit news? The Spanish Congress of Deputies has validated the Spanish Royal Decree-Law that would administer the status of U.K. nationals in the case of a no-deal Brexit.
Key Points of the Royal Decree-Law:
Background: On March 1, the government issued a Royal Decree-Law that encompasses the points mentioned above. The recent validation from the Spanish Congress of Deputies further confirms Spain’s plan to allow U.K. residents currently residing in Spain to stay in the case of a no-deal Brexit.
BAL Analysis: The U.K. is set to leave the European Union, and the U.K. Parliament has yet to pass a withdrawal agreement. Although the EU granted the U.K. a Brexit extension, it is still possible that it will leave the EU without a deal. Spain’s plan provides some certainty to non-EU family members of U.K. nationals, as they will retain their current status until Dec. 31, 2020 and will be able to apply for a residence permit in the case of a no-deal Brexit.
This alert has been provided by the BAL Global Practice group and our network partner SAGARDOY Abogados in Spain. For additional information, please contact your BAL attorney.
Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Spain is experiencing delays in resident permit processing, especially involving permits for highly skilled professionals and intracompany transfers.
What does the change mean? Foreign nationals should anticipate that processing in these categories will take longer than the 20 business days required by statute and should adjust their business schedules accordingly.
BAL Analysis: The delays are largely due to an influx of applications and reduced staff. Spanish employers should plan for longer timelines for resident permit applications. Businesses may need to adjust timelines or start dates because of the delays.
This alert has been provided by the BAL Global Practice group and Sagardoy Abogados located in Spain. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? Spanish authorities have begun to more closely scrutinize the proffered salaries for foreign highly qualified workers applying for residence permits under the Entrepreneurs Act.
What does the change mean? Employers should no longer consider €30,000 per year the threshold salary for highly qualified workers and should anticipate rejections on the grounds that salaries in that range do not correspond to a “highly qualified” job role. Although this threshold was not official, it was generally used as a baseline.
Background: The Entrepreneurs Act does not refer to the salary threshold. The general immigration framework, however, refers to the minimum salary threshold in relation to highly qualified workers applying for EU Blue Cards, which is 1.5 times the average salary in the company’s field.
BAL Analysis: Companies should anticipate delays in start dates and the need to adjust salaries for highly qualified foreign employees applying for their initial permits. Although using the EU Blue Card threshold does not guarantee that the salary will be acceptable, employers are encouraged to use it as a starting point and conduct a case by case assessment of other factors that are specific to the job role. BAL can assist in the assessment.
This alert has been provided by the BAL Global Practice group and our network provider located in Spain. For additional information, please contact your BAL attorney.
What is the change? Spanish immigration authorities have begun requiring that foreign nationals applying for residence cards obtain a statement of entry within three days of entering Spain.
What does the change mean? Applicants should either apply for a statement of entry with the Spanish police when they arrive at the airport or apply in person within three business days of arrival.
Background: A residence card is required for non-EU nationals whose permit is granted for longer than six months or whose permit validity will exceed six months by the time the residence application is submitted. Normally, applicants who enter Spain directly from a non-Schengen country may show proof of entry with an entry stamp by Spanish border officials, and applicants who transit through a Schengen country may show proof of entry with the flight itinerary, border pass and stamp of the EU country through which they transited. If the passport is not stamped, they must apply for a statement of entry at the Spanish police.
BAL Analysis: Third-country applicants whose passports are not stamped upon direct entry into Spain or those transiting through a Schengen country should plan to apply for a statement of entry immediately upon arrival at the airport or within three business days.
What is the change? Spain has implemented the EU directive on posted workers that covers requirements for companies assigning or seconding foreign workers to Spain.
What does the change mean? The new law imposes certain changes to Spain’s existing “Communication of Transfer” rules that have been in place since 1999.
Background: The EU Directive 2014/67 on enforcement of posted workers was adopted in 2014 and gave EU member countries two years to implement it. The directive requires certain notifications and retention of documents for workers posted temporarily in an EU country.
The Spanish law, Act 45/1999, transposes the EU directive rules into Spain’s national laws. Among the changes, the law will require the following:
BAL Analysis: Spanish authorities have begun implementing the communication of transfer rules that have been on the books since 1999 but not fully enforced until recently, and companies are subject to penalties for non-compliance. Further details on changes brought by the implementation of the EU directive are expected to be released soon.
This alert has been provided by the BAL U.S. Practice group and our network provider located in Spain. For additional information, please contact BerryApplemanLeiden@bal.com.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Spanish authorities are applying stricter scrutiny to job criteria for foreign highly qualified professionals applying under the Entrepreneurs’ Act.
What does the change mean? While there has not been any official change in policy, authorities will no longer be as lenient when assessing job descriptions to establish that the foreign assignee will fill a position in national occupation classifications 1 and 2 matching a highly qualified job position.
Background: Under the Entrepreneurs’ Act passed in October 2013, managers or highly qualified professionals are eligible for residence permits allowing work, and the applications are not subject to the labor market test. Up until now, even if the job position belonged to professional group 1 or 2 in accordance with the National Catalogue of Occupations, the authorities have been lenient in relation to the responsibilities indicated in the job description.
BAL Analysis: Employers should anticipate stricter adherence to qualifying criteria of HQP applicants. In addition to requiring that the job position fall within the appropriate occupation classification, the applicant’s educational background and experience must be in line with the job position offered, and authorities have generally applied more scrutiny to applicants earning less than €30,000.
IMPACT – HIGH
What is the change? Spain has announced that it has signed a contract with BLS International to provide visa-application services worldwide on behalf of the Spanish Ministry of Foreign Affairs. BLS International replaces the previous provider, VFS Global, whose contract ended Dec. 15.
What does the change mean? Applicants applying for Spanish visas should expect to redirect their applications to BLS International. Since Dec. 15, applicants in many countries were told to apply directly with a Spanish embassy or consulate.
Background: The Spanish ministry announced in October that VFS would stop accepting visa applications on its behalf. The change was delayed until earlier this month when applicants in India were directed to file visa applications with the Spanish Embassy in New Delhi or the consulate in Mumbai.
The Spanish Embassy in India has now posted information on its website for submitting visa applications with BLS International or contacting BLS via phone or email.
The Spanish Embassy in the United Arab Emirates has similarly posted BLS contact information and the BLS visa application website, which appears to be operational.
BAL Analysis: Companies and individuals applying for Spanish visas should anticipate delays and plan accordingly in light of the transition in visa service providers as well as the year-end holiday slowdown.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? As of Dec. 17, VFS Global in India stopped accepting applications for Spanish visas.
What does the change mean? Those applying for Spanish visas in India must apply directly with the Spanish Embassy in New Delhi or the consulate in Mumbai.
Background: VFS Global announced the change in October, but the implementation was postponed and VFS was allowed to continue accepting visa applications until Dec. 17. All applicants in India must now apply either at the Spanish Embassy in New Delhi or the Spanish Consulate in Mumbai, depending on the applicable jurisdiction as indicated on the applicant’s original appointment letter.
BAL Analysis: The diversion of all Spanish visa applications to the embassy and consulate may cause a backlog due to the holiday season. Applicants should anticipate delays.
This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.
What is the change? All resident permit applications processed through the Large Companies Unit (Unidad de Grandes Empresas) are experiencing significant delays.
What does the change mean? Foreign nationals should anticipate that resident permit processing will take longer than the 20 business days normally required by statute, and adjust their business schedules accordingly.
Background: The current delays in resident permit processing are due to a backlog caused by high volume and delays during the busy summer season.
BAL Analysis: Spanish employers should plan for longer timelines for all resident permit applications processed by the Large Companies Unit.
What is the change? VFS Global has stopped accepting Spanish visa applications from applicants in India and Nepal.
What does the change mean? Beginning Tuesday, Spanish visa applicants in India or Nepal must submit at the Embassy of Spain in New Delhi or the Consulate General in Mumbai. Applicants should anticipate delays.
Background: Spain outsources visa processing in India and Nepal to VFS Global. As BAL reported last week, the contract between the Spanish government and VFS Global for these services was up for renewal, and it appears no deal has been reached. VFS centers in India and Nepal will continue to accept and process Schengen visa applications on behalf of other Schengen Area countries.
BAL Analysis: The change in visa processing from VFS to the Embassy of Spain in New Delhi or the Consulate General in Mumbai may cause delays. BAL will continue to monitor the situation and will update clients if VFS centers resume the reception and processing of Spanish visa applications at any point.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com